I do not have a visa So can I still apply for a visa in Australia?

Just because your visa has expired and you have become unlawful in Australia it does not necessarily follow that you cannot lodge a visa application while you are in Australia.

If you lodge an application for a visa at a time when you are unlawful, in addition to satisfying any criteria that usually applies to that visa, you may also have to demonstrate that:

You last became an unlawful non citizen for reasons that were beyond your control;

There are compelling reasons for granting you the visa;

You have complied substantially with the conditions that were attached to your previous visa or visas; and / or

You intend to comply with any conditions that are placed on a visa that is granted to you.

Sometimes time limits apply on lodging visa applications after the visa applicant has become unlawful. For example, you must lodge an application for a subclass 572 visa (student visa) within 28 days of becoming an unlawful non citizen. If you lodge your application after this time, the Department cannot accept your visa application for filing.

Other matters that are relevant to the issue of whether you can be granted a visa to remain in Australia include whether you have had a visa application for a visa refused after you last arrived in Australia and whether you have had a visa cancelled since you last entered Australia.

If you have become unlawful in Australia it is quite possible that we will be able to assist you to lodge a valid visa application.

In our experience where a person has become unlawful in Australia and must satisfy the additional criteria described above, the Department of Immigration will thoroughly scrutinise the visa application. If you are in this situation it is imperative that your visa application is properly constructed, supported by evidence and explained in comprehensive submissions. For this reason we consider that it is essential for anyone who is unlawful in Australia to retain a quality migration advisor when preparing their visa application.

If you have become unlawful in Australia and wish to discuss your options as to whether you are able to remain here please don’t hesitate to contact our Mr McCrudden on mmccrudden@craddock.com.au.